Professional Documents
Culture Documents
2024 Insc 144 1594517
2024 Insc 144 1594517
2024 Insc 144 1594517
IN
1
NON-REPORTABLE
VERSUS
J U D G M E N T
ABHAY S. OKA, J.
1. Leave granted.
FACTUAL ASPECTS
to third respondents.
offences punishable under Sections 420 and 429 of the Indian Penal
Code, 1860 (‘the IPC’) were applied and later on, the provisions of
Act, 1964 (for short ‘the 1964 Act’) and, in particular, Sections 4
1973 (for short ‘the CrPC’) has quashed the First Information
Report.
submitted that this was a case where huge quantity of meat of cow
pointed out that even before the investigation could proceed, that
and that is how Section 420 of the IPC was applied by the police.
storage of the first to third respondents was sent for DNA test,
which revealed that the meat was of cow. He would submit that in
under Section 10 of the 1964 Act and he had authority to enter any
believe that the offence under the 1964 Act has been committed. He
submitted that the High Court has virtually conducted a mini trial.
We have also heard the learned counsel appearing for the respondent
Nos. 1 to 3.
VERDICTUM.IN
3
CONSIDERATION
packets. The sample was put in the thermocol box and packed by
putting ice around it. The seized sample was sent for analysis. The
8. Thus, the power was confined to enter and inspect. Under the
interesting to note is that, on the same day, there was one more
panchnama records that the sample was already collected and has
VERDICTUM.IN
4
been sent for testing to the expert. It also records that the meat
the seizure of three rooms and meat packets was made. The police
officer did not collect any sample for sending it for analysis.
9. The crux of the matter is that the sample of the meat was
10. For the aforesaid reasons, we find no error in the view taken
…………………………………...J.
[ABHAY S. OKA]
…………………………………...J.
[UJJAL BHUYAN]
NEW DELHI;
FEBRUARY 20, 2024.